Debra L. Duda v. HHS - Influenza, adhesive capsulitis (2021)
Case summary [AI summaries can sometimes make mistakes]
Debra L. Duda filed a petition for compensation on January 4, 2019, alleging that the influenza vaccine she received on December 6, 2017, caused her to suffer adhesive capsulitis.
Ms. Duda further alleged that she experienced residual effects from this injury for more than six months.
The influenza vaccine is listed on the Vaccine Injury Table. Respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms.
Duda's condition. Despite the denial, the parties reached a joint stipulation for compensation.
Special Master Christian J. Moran found the stipulation reasonable and adopted it as the decision of the Court.
Ms. Duda was awarded a lump sum payment of $12,500.00, payable by check to the petitioner, to compensate for all damages available under 42 U.S.C. § 300aa-15(a).
The decision was entered on December 21, 2021. Petitioner was represented by Mark T.
Sadaka of the Law Offices of Sadaka Associates, LLC, and Respondent was represented by Lara A. Englund of the United States Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. The specific mechanism of causation was not detailed in the public decision.
Theory of causation
Petitioner Debra L. Duda alleged that an influenza vaccine received on December 6, 2017, caused adhesive capsulitis, an injury listed on the Vaccine Injury Table, with residual effects lasting more than six months. Respondent denied causation. The parties entered into a joint stipulation for compensation, which Special Master Christian J. Moran adopted. The stipulation resulted in a $12,500.00 lump sum award. The public decision does not detail the specific mechanism of causation, expert testimony, or the evidence considered beyond the stipulation. Petitioner counsel was Mark T. Sadaka; Respondent counsel was Lara A. Englund. Decision date was December 21, 2021.
Source PDFs
USCOURTS-cofc-1_19-vv-00031